Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-06-17
THE LONG HAUL.
The Manner in Watch the Decision Is
Viewed by the Railroad Oficials.
Is. F. Bulletin, June 10Th.

=. L.
The decision of the Interstate Commerce
Commission. q synopsis of which is pub
lished elsewhere, relative to the interpreta-
ton OF the vexatious fourth section OF the
celebrated enactment, was received with
general satisfaction by the officials of the
Southern Pacific Company in this city. In
addition to the long press dispatches, tele-
grams came from the officials East corrob-
Grating the essential points of the ruling.
In very brief summary, the ruling which
| is given in the test case of the Louisville
and Nashville Company, is that the Com
mission has reached the conclusions that
the prohibition concerning long aRd-short
| haul charges is limited TO cases having
substantially similar conditions that
carriers are to use their discretion and
| Judgment, in the first instance, subject TO
| appeal to the Commission and the Courts
| in regard to similarity of conditions that
competition (l} by water carrier, (2) by for
eign road, 81 between roads subject to the
statute may make dissimilar circumstances
emitting to relief from the prohibition of
the section.
When asked concerning the general in
! depreciation put upon the ruling, General
| Traffic Manager Stubs, of the Southern
Pacific said to-day that it was
| difficult to make a fair statement on
only the press dispatch. which is but an
abstract of long decision. There may
! be" he said, clauses and explanations IN
the ruling not contained in this dispatch,
which would necessarily qualify any state
ment made at this time. We presume, so
far as we are able to Judge from the general
tenor of this dispatch that the Commission
takes precisely the same view as taken by
the Southern Pacific Company and eX-
pressed by Mr.. Raymond. In other words,
this is that the fourth section prohibits
higher rates for shorter than longer dis
tances, which include the shorter only
when the circumstances and conditions are
similar. When the circumstances and con-
ditions are dissimilar, there is no prohibit
ton. That the question as 10 what con-
stitutes a dissimilarity of circumstances
or conditions is a judicial question
that not even the Interstate Commerce
Commission can determine; the carriers
must Judge of the circumstances and con-
ditions for themselves, taking the risk of
violating the law. So far as we can Judge
from the press dispatches, the Commission
assists the carriers to some extent by ex-
pressing an opinion and giving illustrations
of what, in its judgment. should constitute
a sufficiency of dissimilarity of conditions.
Among those cases is ours, in which we
have competition with water carriers and
foreign corporations not subject to the law.
| In other words, so far as we can Judge, the
Commission has put such construction
on the Act as to warrant US in making
rates necessary to meet the competition of
the Pacific Mail sailing vessels and the
canadian Pacific, without reducing local
rates on traffic which is not subject to that
competition, provided that the rates on this
other traffic is reasonable per Sc.
The ruling, of course is no final it is
of value because it aids in the interpreta-
ton of the law The Southern Pacific has
a case before the Commission now which
lis yet to be heard. / presume the cases
will be taken up separately and special
orders made. We will probably receive a
notice of the enforcement of the law on
July 9Th. Unquestionably then we will
fix our rates according to the best judg-
ment on the question of similarity or dis
similarity of conditions. Wehave always
held that our case had dissimilar condi-
tions. 1t is absurd to think that Congress
designed 10 tie our hands in our effort to
compete with ocean carriers and foreign
road. II, as | judge from certain illustra-
tons given in the dispatch, competing
railroad lines may make out dissimilar
circumstances and be relieved from the
prohibition, that fourth section is of no
consequence so far as we are concerned"
AT the headquarters of the Atlantic and
Pacific road similar views were expressed
of the Interpretation of the ruling. 1t was
judged thatin general way the transcon-
tinental roads were relieved from the action
of the prohibitory clause. The question
now will be, whether, supposing the trans
continental lines make low through rate
the trunk lines-the Pennsylvania, New
| York Central and others-will join in and
assist in maintaining the rate.